Interelation of the Sign Elements of the Idea of Law in the Context of Semiotic Legal Analysis
Keywords:
philosophy of law, semiotics of law, idea of law, freedom, justice, equality, common weal, social solidarity, order, peace
Abstract
In the article the system of interrelations of the elements of the idea of law and the most important aspects of their’s researching are investigated on the basis of Semiotics of Law’s methodology. Their’s place in the sign structures of law and relations between main (basic) elements of the idea of law as legal sign constructions are explored. Binary oppositions «chaos – cosmos», «life – death», «Eros – Thanatos», «heaven – earth», «light – darkness», «spirit – body», «city – forest», «opinion – meaning», «nature – culture», «cultural hero – trickster», «epic hero – enemy», «stranger», «body – soul», «present – absent», «perceived – the unknown», «subject to – not subject to», «beginning – ending», «order – disorder», «harmony – disharmony» and conceptual notion of «consistency», «orderliness», «chaos», «entropy», «peace», «life», «patriotism», «war», «lawlessness», «fate», «enemy», «arms», «revenge», «battle», «glory», «competition» is discussed in relation to the elements of the idea of law in the context of semiotics and legal analysis. It’s stated that the binary opposition and material ontologу «chaos (disorder) – cosmos (order)», which reflects the essence of law, is a variant of a pair of «war – peace». Also the article states that the term «peace» is meant commonly as the period between wars that have characterized diplomatic relations between groups of people, nations and states, and the corresponding state of harmony in society. Proposed and discussed a broad understanding of the concept of peace, which implies a state of social relations in which real system of institutions and mechanisms, designed to prevent the emergence of new social conflicts and effectively help to resolve existing social contradictions, is established. The contents of related legal sign structures, such as freedom, justice, common good, solidarity and order are defined. Methodological possibilities and heuristic potential of the productive use of the semiotics approach in the process of researching of the idea of law are determined.Downloads
Download data is not yet available.
Abstract views: 152 PDF Downloads: 41
How to Cite
[1]
Pavlyshyn, O. 1. Interelation of the Sign Elements of the Idea of Law in the Context of Semiotic Legal Analysis. Scientific Herald of the National Academy of Internal Affairs. 101, 4 (1), 132-141.
Issue
Section
Theoretical and practical aspects of legal science
- Authors reserve the right to authorship of their own work and transfer to the magazine the right of the first publication of this work under the terms of the Creative Commons Attribution License, which allows other persons to freely distribute published work with mandatory reference to authors of the original work and the first publication of an article in this magazine.
- Authors have the right to enter into separate additional agreements on non-exclusive dissemination of the work in the form in which it was published in the journal (for example, to post an article in the institution's repository or to publish as part of a monograph), provided that the link to the first publication of the work in this journal is maintained.
- The journal's policy allows and encourages the posting of articles by authors on the Internet (for example, in electronic storehouses of institutions or on personal websites), both before the submission of this manuscript to the editorial office and during its editorial processing, as this contributes to the creation of a productive scientific discussion and positively affects the efficiency and dynamics of citing the published work.